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S07453 Summary:

BILL NOS07453A
 
SAME ASSAME AS A08327-A
 
SPONSORKRUEGER
 
COSPNSRGAUGHRAN, KAPLAN, MAY, MAYER, RAMOS, BIAGGI, BROOKS, HOYLMAN, KAMINSKY, PARKER, SAVINO
 
MLTSPNSR
 
Add §1884, Pub Auth L
 
Establishes the electric landscaping equipment rebate program to reduce greenhouse gas emissions, improve air quality, and reduce noise pollution by promoting the adoption of quieter, zero-emission landscaping equipment; provides for rebates at the point of sale for applicants purchasing or leasing certain equipment; provides for the repeal of such provisions upon expiration thereof.
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S07453 Actions:

BILL NOS07453A
 
10/20/2021REFERRED TO RULES
01/05/2022REFERENCE CHANGED TO ENERGY AND TELECOMMUNICATIONS
01/11/20221ST REPORT CAL.122
01/12/20222ND REPORT CAL.
01/18/2022ADVANCED TO THIRD READING
01/25/2022AMENDED ON THIRD READING 7453A
04/25/2022PASSED SENATE
04/25/2022DELIVERED TO ASSEMBLY
04/25/2022referred to ways and means
04/25/2022substituted for a8327a
04/25/2022ordered to third reading rules cal.88
04/27/2022passed assembly
04/27/2022returned to senate
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S07453 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7453--A
            Cal. No. 122
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    October 20, 2021
                                       ___________
 
        Introduced  by Sens. KRUEGER, GAUGHRAN, KAPLAN, MAY, MAYER, RAMOS, BIAG-
          GI, BROOKS, HOYLMAN, SAVINO -- read twice  and  ordered  printed,  and
          when  printed to be committed to the Committee on Rules -- recommitted
          to the Committee on Energy and Telecommunications in  accordance  with
          Senate  Rule  6,  sec.  8  --  reported favorably from said committee,
          ordered to first and  second  report,  ordered  to  a  third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading
 
        AN ACT to amend the public authorities law, in relation to  establishing
          the  electric  landscaping equipment rebate program; and providing for
          the repeal of such provisions upon expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  public  authorities  law  is amended by adding a new
     2  section 1884 to read as follows:
     3    § 1884. Electric landscaping equipment rebate  program.  1.  There  is
     4  hereby  created  within  the authority an electric landscaping equipment
     5  rebate program. The purpose of the program is to reduce  greenhouse  gas
     6  emissions,  improve air quality, and reduce noise pollution by promoting
     7  the adoption of quieter, zero-emission landscaping equipment.
     8    2. As used in this section:
     9    (a) "Commercial landscaping business" shall  mean  a  sole-proprietor-
    10  ship, firm, limited liability company, partnership, corporation or other
    11  business  entity whose primary concern involves the care and maintenance
    12  of yards, gardens, or other outdoor landscapes for  clients,  including,
    13  but  not limited to, lawn care, gardening, and the removal or pruning of
    14  trees or shrubs.
    15    (b) "Institutional or commercial applicant" shall  mean  a  commercial
    16  landscaping business, or a state agency, state authority, local authori-
    17  ty,  town, county, village, school district, private school, university,
    18  not-for-profit corporation, or other nonprofit organization.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13058-06-2

        S. 7453--A                          2
 
     1    (c) "Individual applicant" shall mean a person, who is not an institu-
     2  tional or commercial applicant, and who intends to use an eligible  lawn
     3  care device for private home use and not for any commercial purposes.
     4    (d)  "Eligible lawn care device" shall mean a battery-powered electric
     5  lawn care device that is new, has not been used or previously owned, and
     6  is purchased or leased from a storefront or  online  retailer.  Eligible
     7  lawn  care  device  shall  not  include  corded electric equipment, reel
     8  mowers, or tractors used to pull other lawn care devices.
     9    (e) "Lawn care device" shall mean  any  device  powered  mechanically,
    10  which  is  intended  to  be  used  or is actually used for the mowing of
    11  grass, the cutting or chipping of trees, tree roots or tree branches, or
    12  the clearing of leaves or other vegetation from lawns, sidewalks, public
    13  streets or public highways and shall include, but  not  be  limited  to,
    14  such  devices as lawn mowers and lawn mower attachments, lawn edgers and
    15  trimmers, hedge trimmers, leaf blowers, leaf  vacuums,  mulchers,  chip-
    16  pers,  chainsaws,  and  pole saws, as well as batteries and chargers for
    17  such devices.
    18    (f) "Local authority" shall have the same meaning  as  in  subdivision
    19  two of section two of this chapter.
    20    (g)  "State  agency" shall mean all state departments, boards, commis-
    21  sions, offices or institutions.
    22    (h) "State authority" shall have the same meaning  as  in  subdivision
    23  one of section two of this chapter.
    24    3. The authority shall award rebates at the point of sale for eligible
    25  lawn  care devices in amounts as determined by this section. An institu-
    26  tional or commercial applicant shall receive no more than fifteen  thou-
    27  sand  dollars  in  rebates  through  the  electric landscaping equipment
    28  rebate program per year.  An individual applicant shall receive no  more
    29  than  three  hundred dollars in rebates through the electric landscaping
    30  equipment rebate program per year.
    31    4. The authority shall determine the rebate eligibility of each appli-
    32  cant in accordance with the  requirements  of  this  section  and  rules
    33  promulgated  by  the authority. The total amount of rebates allocated to
    34  certified applicants in each fiscal year shall not exceed the amount  of
    35  funds  available  for  the program in such fiscal year. Rebates shall be
    36  allocated to applicants on a first-come, first-served basis,  determined
    37  by  the  date  the application is received, until all appropriated funds
    38  for the fiscal year are expended or the program  ends,  whichever  comes
    39  first.  The  authority shall have authority to reduce eligible lawn care
    40  device rebate amounts from the amounts specified in subdivision seven of
    41  this section. Such reduction shall occur only if  the  authority  deter-
    42  mines  that  funds  would  otherwise  be exhausted prior to the end of a
    43  fiscal year.
    44    5. The authority shall promulgate rules and regulations  to  implement
    45  and  administer  the  provisions  of this section no later than one year
    46  after the effective date of this  section,  including  rules  and  regu-
    47  lations  relating  to  the  forms  required to claim a rebate under this
    48  section, the required documentation and basis for establishing eligibil-
    49  ity for a rebate, procedures and guidelines for claiming a  rebate,  the
    50  collection  of  economic  impact  data  from  applicants,  and any other
    51  requirements the authority deems necessary. The authority shall  conduct
    52  education  and  outreach, with informational materials made available in
    53  at least English and the three most common non-English languages  spoken
    54  by  individuals  with  limited-English  proficiency  in the state of New
    55  York, based on  United States census data, as necessary to inform poten-

        S. 7453--A                          3
 
     1  tial applicants and manufacturers and retailers of  eligible  lawn  care
     2  devices about the electric landscaping equipment rebate program.
     3    6.  The  authority  shall  determine  and publish on its website on an
     4  ongoing basis the amount of available funding for rebates  remaining  in
     5  each fiscal year.
     6    7.  (a) The purchaser or lessee of an eligible lawn care device may be
     7  eligible for the following rebates:
     8    (i) an applicant who purchases or leases a new  edger,  lawn  trimmer,
     9  hedge  trimmer,  chainsaw,  or  pole  saw  may receive a rebate of up to
    10  seventy percent of the purchase price, but  no  more  than  two  hundred
    11  dollars per device.
    12    (ii)  an  applicant  who purchases or leases a new leaf blower or leaf
    13  vacuum may receive a rebate of up to seventy  percent  of  the  purchase
    14  price, but no more than two hundred dollars per device.
    15    (iii) an applicant who purchases or leases a new walk-behind mower may
    16  receive  a rebate of up to seventy percent of the purchase price, but no
    17  more than five hundred dollars per device.
    18    (iv) an applicant who purchases or leases a new ride-on or  stand-ride
    19  mower  may  receive  a  rebate  of up to seventy percent of the purchase
    20  price, but no more than five thousand dollars per device.
    21    (v) an applicant who purchases  or  leases  additional  batteries  and
    22  chargers  for  an  eligible lawn care device may receive a rebate of one
    23  hundred percent of the purchase price for up to two  batteries  and  one
    24  charger per eligible lawn care device purchased.
    25    (b) The calculation of the purchase price shall not include additional
    26  costs such as taxes, fees, accessories, or delivery charges.
    27    8.  No  later than two years after the effective date of this section,
    28  and annually thereafter on the first of  January,  the  authority  shall
    29  issue  a report to the temporary president of the senate, the speaker of
    30  the assembly, the chair of the senate committee on energy and telecommu-
    31  nications and the chair of the assembly committee  on  energy  detailing
    32  the  status  of  the electric landscaping equipment rebate program. Such
    33  report shall include:
    34    (a) the amount of funding dedicated by the authority for  the  program
    35  in the preceding year;
    36    (b) the amount of eligible purchases for which a rebate was awarded;
    37    (c) the amount and geographic distribution of rebates; and
    38    (d) any other information the authority deems necessary.
    39    §  2.  This  act shall take effect immediately and shall expire and be
    40  deemed repealed January 1, 2030.
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